Malicious conduct by a prisoner – When you are in jail awaiting the resolution of your criminal case, it is best not to talk to anyone about your case – it is best to communicate with your lawyer and keep up with reading your discovery. It is also important to stay out of trouble. What some people fail to consider is that while you are in jail, you can pick up new charges. In this blog we will discuss one of these charges, malicious conduct by a prisoner. Like all our blogs, this is intended for general informational purposes only and not intended as a substitute for the advice and counsel of a criminal defense attorney.

What is malicious conduct by a prisoner?

Under North Carolina General Statute § 14-258.4, the charge of malicious conduct by a prisoner can apply to “any person who knowingly and willfully throws, emits, or causes to be used as a projectile, any bodily fluids, excrement, or unknown substance at an employee, while the employee, is in the performance of the employee’s duties.”  The statute also applies to “any prisoner who knowingly and willfully exposes genitalia to an employee while the employee is in the performance of the employee’s duties.”

A common example of malicious conduct of a prisoner is when someone who is in jail, throws urine at a guard.

Punishment for malicious conduct by a prisoner

Malicious conduct by a prison is a felony, and follows the North Carolina felony sentencing guidelines:

• Throwing bodily fluids or an unknown substance is a Class F felony
• Exposing your genitalia is a Class I Felony

Besides facing prison time and other collateral consequences, something to keep in mind is that you can also be punished separately at the jail. Often when a resident at the jail exhibits “bad behavior” he or she can be place in maximum security confinement, have privileges taken away, and face other consequences.

Further, being convicted of a separate crime while you are awaiting resolution to your case, will cause you to accumulate more criminal history points which makes things worse for you. Malicious conduct by a prisoner can also be the charge that ends up putting you in habitual felon status.

Criminal charges by themselves are tough enough to deal with, the last thing you want to do is pick up additional charges while you are awaiting the resolution of your case.